HomeMy WebLinkAboutORD NO 3314ORDINANCE NO. 3314
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING CHAPTER
5.32 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO MASSAGE
ESTABLISHMENTS.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Chapter 5.32 of the Bakersfield Municipal Code is
hereby amended to read as follows:
Chapter 5.32
MASSAGE ESTABLISHMENTS
Sections:
5.32.010
5.32.020
5.32.030
5.32.040
5.32.050
5.32.060
Definitions.
Permit required.
Application - Issuance - Fee.
Regulations.
Revocation.
Appeal.
5.32.010 Definitions.
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the words set out in
this section shall have the following meanings:
A. "Massage" means a method of treating any external
part of the body for remedial or hygienic purposes, consisting of
rubbing, stroking, kneading or tapping with any body part or any
instr~nent.
B. "Massage establishment" means an establishment
having a fixed place of business where any person engages in,
conducts, carries on, or permits to be engaged in, conducted,
carried on for a fee, profit or other compensation, massage,
baths or other similar procedures.
C. "Massage technician" means any person who
administers to another person for a fee, profit or other
compensation, massage, baths or other similar procedures.
D. "Person" means any individual, partnership,
corporation or association of any nature whatsoever.
or
5.32.020 Permit required.
A. Except as provided in subsection B., below, it is
unlawful for any person to keep, maintain or operate a massage
establishment, or to perform massage for a fee, profit or other
compensation, in the city, without having first procured a permit
from the city manager or his designee. Each massage technician
must hold a valid permit.
B. Subsection A. of this Section shall not apply to
establishments wherein the only persons performing massage are
the following:
1. Physicians, nurses, physical therapists,
chiropractors, osteopaths or cosmetologists licensed in their
respective professions by the State of California pursuant to the
Code of Business and Professions;
2. Massage technicians holding valid diplomas or
certificates of graduation from a school or other institution
licensed by the State of California Department of Education
wherein the method, profession or work of massage is taught,
performing under the direction of, and in the presence of, a
physician, nurse, physical therapist, chiropractor, osteopath or
cosmetologist licensed in his or her respective profession by the
State of California pursuant to the Code of Business and
Professions.
C. Subsection A. of this Section shall not apply to
the following persons:
1. Physicians, nurses, physical therapists,
chiropractors, osteopaths and cosmetologists, all of whom must be
licensed in their respective professions issued by the State of
California pursuant to the Code of Business and Professions.
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2. Massage technicians holding valid diplomas or
certificates of graduation from a school or other institution
licensed by the State of California Department of Education
wherein the method, profession or work of massage is taught,
performing under the direction of, and in the presence of, a
physician, nurse, physical therapist, chiropractor, osteopath or
cosmetologist licensed in his or her respective profession by the
State of California pursuant to the Code of Business and
Professions.
5.32.030 Application - Issuance - Fee.
A. Applications for permits under this section shall
be made on forms to be furnished by the city manager or his
designee, shall be signed under penalty of perjury by the
applicant and shall require the following information:
1. The name, mailing address, two previous
addresses immediately prior to present address, title, telephone
number, previously used names, date of birth, sex, height,
weight, eye color, hair color, driver's license number, social
security number, previous employment for the three years
immediately preceding the date of application, prior licenses
held and whether such licenses were ever revoked or suspended and
the reason therefor, and the arrest record if any of the
applicant and of all persons who will manage the business;
2. The name, mailing address and location of the
business; and
3. The business tax certificate number of the
business.
B. Each application shall be submitted along with two
portrait photographs at least two-inches by two-inches.
C. Each applicant shall submit a valid diploma or
certificate of graduation from a school or other institution
licensed by the State of California Department of Education,
wherein the method, profession and work of massage is taught.
D. The city manager or his designee shall, in his
discretion, issue a permit if he finds:
1. That the application is truthful;
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2. That neither the applicant nor any manager of
the business has been convicted of a crime substantially related
to the qualifications, functions or duties of the business for
which application is made, unless he has obtained a certificate
of rehabilitation.
3. That neither the applicant nor any manager of
the business has done any act involving dishonesty, fraud or
deceit with the intent to substantially benefit himself or
another, or substantially injure another.
4. The building and the business for which the
application is made will be maintained and conducted in
accordance with all laws of the city and the state, including,
but not limited to health, structural soundness, fire safety and
zoning.
5. That a valid business tax certificate has been
issued for this business.
6. The applicant is twenty-one years of age or
older.
7. The applicant for a permit to operate as a
massage technician has been granted a valid diploma or
certificate of graduation from a school or other institution
licensed by the State of California Department of Education
wherein the method, profession or work of massage technicians is
taught.
8. That the applicant has not had a permit, issued
under this section, revoked, unless the city manager finds that
the reasons for such revocation are unrelated to this
application.
E. All permits issued under this chapter shall remain
in effect until December 31 of the calendar year of issue, unless
earlier suspended or revoked.
F. The applicant shall pay a fee not to exceed the
cost of processing any such application as set forth in Section
3.70.040.
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5.32.040 Regulations.
A. A recognizable and readable sign shall be posted at
the main entrance identifying the establishment; provided,
however, that all signs shall comply with the sign requirements
of the city.
B. Lighting shall be provided as required by the
Uniform Building Code, adopted in Chapter 15.12; in addition, at
least one artificial light of not less than forty watts shall be
provided in each enclosed room or booth where massage services
are being performed.
C. Ventilation shall be provided as required by the
Uniform Building Code, adopted in Chapter 15.12.
D. Adequate bathing, dressing, locker and toilet
facilities shall be provided for patrons; a minimum of one tub or
shower, one dressing room containing a separate locker for each
patron to be served, which locker shall be capable of being
locked, as well as a minimum of one toilet and one washbasin
shall be provided by every massage establishment; provided,
however, that if male and female patrons are to be served
simultaneously at the establishment, separate bathing, massage,
dressing and toilet facilities shall be provided for male and
female patrons.
E. All walls, ceilings, floors, pools, showers,
bathtubs, steamrooms, and all other physical facilities for the
establishment must be in good repair and maintained in a clean
and sanitary condition; wet and dry heat rooms, steamrooms or
vapor rooms, showers and toilets shall be thoroughly cleaned each
day the business is in operation; bathtubs shall be thoroughly
cleaned after each use.
F. Clean and sanitary towels and linens shall be
provided for each patron of the establishment; no common use of
towels or linens shall be permitted.
G. A minimum of one separate washbasin shall be
provided in each massage establishment for the use of employees
of any such establishment, which basin shall provide soap or
detergent and hot and cold running water at all times and shall
be located within or as close as practicable to the area devoted
to the performance of massage services. In addition, there shall
be provided at each washbasin, sanitary towels placed in
permanently installed dispensers.
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H. All employees of the massage establishment, and all
persons performing massage shall be twenty-one years of age or
older.
Io No massage establishment shall operate at any time
unless there is displayed in a location clearly visible to the
public a valid permit, issued pursuant to the provisions of this
chapter, to so operate.
J. Any permit issued pursuant to this chapter shall be
non-transferrable, and shall be valid only as to the applicant
and location provided on the application for such permit.
K. It shall be the responsibility of the holder of the
permit for the massage establishment to insure that each person
employed as a massage technician shall have first obtained a
valid permit pursuant to this chapter.
L. The permit holder for the massage establishment
shall maintain a current file of all persons employed by him or
her. The file shall contain true names and aliases used by such
employees, age, birthdate, height, weight, color of hair and
eyes, home address, phone numbers, social security number and the
date of employment and termination.
M. Every person holding a permit pursuant to this
chapter shall keep a record of the date and hour of each
treatment, the name and address of the patron and the name of the
massage technician administering such treatment. The record
shall be open to inspection by the city manager or his designee
during business hours. Such records shall be maintained for a
period of two years.
N. No person holding a permit pursuant to this chapter
shall permit communication devices to be installed or used in any
manner on the premises of the massage establishment so as to
interfere with or hinder inspection by a law enforcement officer.
O. The permit holder for
be present on the licensed premises
establishment is in operation.
a massage establishment
at all times when the
shall
P. No person shall conduct or operate, or permit to be
conducted or operated, a massage establishment between the hours
of ten p.m. and seven a.m. of the following day.
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Q. Any person holding a permit for a massage
establishment shall, during business hours, be responsible for,
and provide, that the premises be readily accessible and open for
inspection by law enforcement officers or other employees of the
city who are charged with enforcement of health and safety or
other laws of the city or state.
R. The departments of planning, building, fire and
health departments shall, from time to time, make an inspection
of each massage establishment in the city for the purpose of
determining that the provisions of this chapter are met.
S. No person licensed to do business as provided in
this chapter shall operate under any name or conduct the business
under any designation not specified in the permit.
T. All massage technicians shall hold valid diplomas
or certificates of graduation from a school or other institution
licensed by the State of California Department of Education
wherein the method, profession or work of massage is taught.
U. Massage shall be performed only at a massage
establishment for which a permit has been issued and is valid.
5.32.050 Revocation.
Any permit issued pursuant to this chapter shall be
immediately revoked by the city manager or his designee whenever
he finds:
A. That misrepresentations were made on the
application; or
B. That the applicant has been convicted of a crime
substantially related to the qualifications, functions or duties
of the business for which application is made, unless he has
obtained a certificate of rehabilitation; or
C. That the applicant has done any act involving
dishonesty, fraud or deceit with the intent to substantially
benefit himself or another, or substantially injure another;
or
D. That any of the terms or conditions of said permit
have been violated, or that the business has been operated in
violation of local, state or federal law.
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5.32.060 ApDeal.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a
permit or for the revocation of a permit, then said applicant may
make written objection to the city council setting forth the
grounds for dissatisfaction, whereupon the council shall hear
said objections at a regular meeting no later than three weeks
following the filing of the objection with the city clerk. The
applicant shall be given written notice no less than three days
prior to said hearing. The council may, upon said hearing,
sustain, suspend or overrule the decision of the city manager,
which decision shall be final and conclusive.
B. Pending the hearing before the council, the
decision of the city manager shall remain in full force and
effect and any reversal thereof by the city council shall not be
retroactive but shall take effect as of the date of the council's
decision.
SECTION 2.
This Ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days f~om and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at
regular meeting thereof held on $EP ~ g l~Qd , by the
following vote:
a
AYES; COUNCILMEMBERS: ~D;V.&P.~,~. DeMOND. SMITH, BRUNNI. PETERSON. McDERMOTr,~
NOES; COUNCILMEMBERS:
A~SENT COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS'
CITY CL~,RK and Ex'Off'lcio Clerk of the
Council of the City of Bakersfield
APPROVED SEP 1 9 1990
CLARENCE E. '~F-~DDERS
MAYOF~ of the City of Bakersfield
APPROVED as to form:
ROBERT M. SHERFY ~/~
ACTING CITY ATTORNEY of the City of Bakersfield
LCM/meg
BUS-ORD\
MA$SAGE.ORD
9/21/90
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
deposes and says:
acting and qualified City Clerk of the City
1st day of October , 19 90 she
posted on the Bulletin Board at City Hall, a
the following: Ordinance No. 3314
City Council at a meeting held on the 19th
and entitled:
full, true and correct copy of
, passed by the Bakersfield
day of September , 1990 ,
CAROL WIDLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk
NSAOPD